Terms & Conditions
1. DEFINITIONS and GENERAL
1.1. “ The Owner” means Liver Plant & Tool Hire Limited and incudes it successors or assigns
1.2 “The Hirer” means the company, firm, person or public authority shown overleaf taking the Owner’s Plant on hire and includes their successors or personal representatives
1.3 “Plant” means all classes of plant and machinery, which the Owner agrees to hirer to the Hirer
1.4 The term “Owner’s Employee” shall mean any employee of the Owner whose job is either to drive or operate the Plant or to provide any other services in connection with the Plant
1.5 “Advice” means any designs, drawings or specifications in relation to the Plant or any information or advice as to the planning supervision or control of the Hirer’s operations or the installation of the Plant
1.6 “Hire rates” means the Owner’s current standard rates unless otherwise agreed
1.7 “Weekly rates” means a 40-hour 5-day week. Additional charges will be made for shift work and weekend work
1.8 “Charges” means our current hire charges from time to time including any charges for the Services during the Hire Period and/or any charges for the sale of the Products or supply of Services (as appropriate)
1.9 “Contract” means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and us for the hire of the Equipment, the provision of the Services and/or the sale of Products
1.10 “Services” means the services and/or work (if any) to be performed by us for you whether in conjunction with the hire of Equipment (including any delivery and/or collection service for the Equipment) or otherwise
1.11 “Hire Period” means the period commencing when you hold the Plant on hire (including Saturdays, Sundays and Bank Holidays) and ending upon the happening of any of the following events (i) you return the Plant to our possession; or (ii) we repossess or collect the Plant
1.12 These terms and conditions shall apply to the hire of all Plant by the Owner to the Hirer and shall not be overridden by any terms and conditions of the Hirer
1.13 No variation of these terms and conditions will be effective unless agreed in writing by a director of the Owner. All terms other than those expressly set out in these terms and conditions are hereby excluded
1.14 Acceptance of the Plant on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing
1.15 Where the Hirer deals with the Owner as a consumer these terms and conditions do not and will not affect his statutory rights
1.16 These terms and conditions shall be governed by and construed according to the laws of England
2. BASIS OF CONTRACT
2.1 The conditions do not affect any of your statutory rights where you are a person dealing as consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect
2.2. These conditions shall be incorporated in all Contracts and shall be the sold conditions under which the hire of Plant, provision of the Services and sale of the Products takes place. All other terms, conditions and other representations are excluded from the Contracts between you and us including any terms and conditions which you may purport to apply under any Contract and these terms and conditions shall prevail
2.3 Our employees or agents are not authorised to make any representations concerning the Plant and/or Products unless confirmed in writing and any advice or recommendation given by us to you as to the storage, application or use of the Equipment and/or Products which is not confirmed in writing is followed or acted upon entirely at your own risk
3.1 Where a credit account has not been granted, payment of the Charges shall be made 30 days net from the date of invoice
3.2 You shall pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies
4. LOADING AND UNLOADING THE PLANT
The Hirer shall be responsible for loading and unloading the Plant at the Hirer’s site, and at the Owner’s premises. Any Owner’s Employee who helps load or unload the Plant is deemed to be an employee of the Hirer and the provisions of paragraph 5 shall apply
5. RESPONSIBILITY FOR OWNER’S EMPLOYEES
When an Owner’s Employee is supplied by the Owner with the Plant, the Owner shall supply a competent person but such person shall be under the direction and control of the Hirer. The Owner’s Employee shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the Plant. The Owner shall have no liability for any loss or damage caused by any act or omission whatsoever of an Owner’s Employee or the consequences thereof. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the Owner’s Employee whilst the Hirer is responsible for him and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees
If the Owner or any of the Owner’s Employees give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Hirer to verify the accuracy and/or appropriateness of such Advice and to accept or reject accordingly. If any such Advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner’s Employees. The Hirer shall fully and completely indemnify the Owner and the Owner’s Employees against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice whether arising under statute or common law or from the negligence or breach of duty or other wrongful act of omission of the Owner or any of the Owner’s Employees
7.RESPONSIBILITY OF PERSONS SIGNING
The person signing overleaf warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. The Owner shall be entitled to treat the Hirer …… CHECK that there were no reasonable grounds for the Owner to believe that such person had authority to bind the Hirer
8. DELIVERY IN GOOD ORDER
If the Plant has been accepted on site by the Hirer, the Plant is also deemed to be in good working order and wholly free from damage at the time of delivery. Any shortages of Plant must be notified to the Owner within 24 hours of the commencement of the hire and confirmed in writing within 72 hours. If the Hirer fails to do this hire charges will continue and the Hirer will be responsible for the cost of replacing shortages in accordance with paragraph 9
9.LOST OR DAMAGE TO THE HIRED GOODS
9.1. If the Plant is returned in damaged, unclean and/or defective state(except where due to fair wear and tear
and/or an inherent fault in the Plant) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the Plant to a condition fit for re-hire
9.2 You will pay to us the replacement cost of any Plant (on a new for old basis) which is lost, stolen and/or damaged beyond economic repair during the Hire Period
9.3 You will pay to us our costs which we may incur in tracking or recovering any lost or stolen Plant.
9.4 You shall pay the Charges for the Plant up to and including the date you notify us that the Plant has been lost, stolen and/or damaged beyond economic repair. From that date until we have replaced such Plant (or retrieved any lost or stolen Plant), you shall pay, as a genuine pre-estimate of lost Charges profit, a sum as liquidated damages being equal to two thirds of the Charges that would have applied for such Plant for that period. We shall use or reasonable commercial endeavours to purchase replacements for such Plant as quickly as possible using the monies paid under section 9.2
10. MAINTENANCER OF PLANT and BREAKDOWN PROCEDURES
The Hirer shall ensure that the Plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair the Plant, except for punctures, unless authorised by the Owner. Such Plant must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner. Punctures are to be mended by and at the cost of the Hirer
11. SAFE USE OF THE PLANT
The Hirer confirms that it has the necessary knowledge and experience to operate and use the Plant. The Hirer will not misuse the Plant. The Hirer will not allow any person to use the Plant who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed. Where the Plant comprises electrical equipment it must be connected to the correct supply by a qualified electrician. The Hirer is responsible for providing a suitable 3 phase and earth supply to the base of each item of Plant
12. SECURITY OF THE PLANT
The Hirer shall not sell or otherwise part with possession and/or control of the Plant and shall remain responsible for the Plant and its safekeeping during the hire period. Plant must not be removed without the authority of the Owner from the site specified by the Hirer if the Plant is collected by the Hirer, or from the address to which the Owner has delivered the Plant. The Hirer shall keep the site at which the Plant is located safe and secure
13. ACCESS AND GROUND CONDITIONS
The Hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the erection, operation and dismantling of the Plant. No responsibility will be accepted by the Owner for damage to any surface over which the Plant has been moved to reach its intended position of use and the Hirer should therefor take steps to protect surface (paving slabs, soft ground etc.) before delivery of the Plant. The reinstatement of any fixing holes drilled in buildings is the responsibility of the Hirer
14. HIRER’S RESPONSIBILITY TO THIRD PARTIES
The Hirer shall fully and complete indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Plant and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees
The Owner shall not be liable for any consequential expenses, liabilities, losses claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Plant, or any breakdown or defect in the Plant
16.CONSUMER CREDIT ACT
16.1 Hires to individuals or partnerships of 3 individuals or less (or other unincorporated body of individuals) shall not be for a period in excess of 3 months. You shall return the Equipment to us on or before the last day of such three month period.
16.2 If you are an individual or a partnership of 3 individuals or less (or other unincorporated body of individuals) and we (in exceptional circumstances) agree to a contract in excess of 3 months then the Contract will be subject to The Consumer Credit Act 1974. Sections 16.3, 16.4, 16.5 and 16.6 will only apply in the circumstances listed in this section 16.2.
16.3 IMPORTANT YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.
16.4 For further information about your statutory rights under the Consumer Credit Act 1974 and other legislation, contact your local authority Trading Standards Department or Citizens Advice Bureau.
16.5 MISSING PAYMENTS – Missing payments could have severe consequences and may make obtaining credit more difficult.
16.6 If you have a complaint please contact us and we will supply you with a copy of our complaints handling procedure. Once you have issued a formal complaint in line with the procedure, we will respond as soon as possible and in any event within eight weeks of receiving your complaint. If you are dissatisfied with our response you may refer your complaint to the Financial Ombudsman Service within six months of the date of our final response
17. TERMS APPLYING TO CONSUMERS ONLY
17.1 PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER.
17.2 Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:
17.2.1 Section 5 (employees’ representatives);
17.2.2 Payment for delayed performance as a result of your non-compliance with the Contract;
17.2.3 Section 8.3 (suitability of Equipment);
17.2.4 Section 18 (right of entry and seizure of Equipment). This Section will also apply to consumers under the Consumer Credit Act 1974.
17.3 Should any defect occur in the Equipment and/or Products, other than one for which you were responsible, we will at our option either, replace or repair the Equipment and/or Products (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service any Equipment and/or Products until any outstanding Charges have been paid in full and cleared funds.
18.RISK/OWNERSHIP/INSURANCE AND NOTIFICATION OF ACCIDENTS
18.1 The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the Plant. The Hirer shall produce on demand to the Owner a copy of the policy or policies. The Hirer shall hold on trust for the Owner all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 8 above. If the Plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Plant without the consent in writing of the Owner
18.2 Risk in the Plant and/or Products will pass to you immediately when the Plant leaves our physical possession or control
18.3 Risk in the Plant will not pass back to us from you until the Plant is returned to our physical possession
18.4 Ownership of the Plant remains with us at all times. You have no right, title or interest in the Plant except that it is hired to you
17 .PERIOD AND DETERMINATION OF HIRE
If the Hirer is an individual within the meaning of the Consumer Credit Act 1974 the maximum period of hire shall be 3 months. The Owner shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the hire contract and to repossess the Plant
18 .RIGHT OF ACCESS
The Hirer shall allow the Owner access to the Plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession
Should any of these terms and conditions be held to be invalid such invalidation will not affect the validity of the remaining terms and conditions.